Through out the process of buying land, there are several relevant documents required from the seller to be able to effectively pass a good title to the purchaser. These documents are essential as they tend to prove the ownership interest of the seller. One must be aware that there are various types of property documents in Nigeria. These documents include the followings:
Approved survey plan
This is a crucial document that helps to reveal the actual location of any property and the boundaries of the property. It will also reveal whether the land is under any government acquisition or not.
Deed of Assignment
It is a really important document, which should be prepared by either seller or buyer of the land after the conclusion of any land transaction. It is a document used to transfer an interest in a property from one person to another. Where the seller previously purchased the house to be sold from another seller, the new buyer needs to demand a copy of this document to enable him or her to trace the history of the house to be purchased.
Probate & Letter of Administration
Where in any property’s transaction, the owner is late, the buyer needs to request for the grant of probate or letter of administration in respect of the property. Any documents directly owned by a deceased in respect of his or her property before death becomes invalidated after his or her death to convey title in the said property. The grant of probate or letter of administration will become the document that serves as a legal title in respect of any land or house owned by a deceased person. The document will name Executors or Administrators, as the case may be, who can sign any document transferring the interest in the property called Assent.
Certificate of Occupancy (CofO)
The CofO certifies the legal ownership status of any land or property in Nigeria irrespective of its use. It is usually delivered to the owner of land by the government attesting to the owner’s interest in the property where such interest is actually following the applicable laws. It is a legal document indicating that an individual that has acquired an interest in land having been granted a statutory right of occupancy by the governor of the state. The CofO is not usually applicable to all properties. It is usually issued to persons who have owned a property in Nigeria before the enactment of the Land Use Act 1978 or to people who are getting direct property allocation from any government.
Governor’s Consent
A governor’s consent is not a document on its own. It is the approval or attestation of a state governor by himself or through its designated commissioner to any property transfer. Under the Land Use Act of 1978, approval of the governor of a state is required in respect of any transaction involving the transfer or conveying of any property interest from one person to another.
Power of Attorney
It is required where an agent is acting for the owner of the house. It is a document that authorizes a particular person to act on the behalf of the real owner of the house.
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